Can Johnson County residents vote on controversial city park sale? A judge will decide

The city of Westwood is asking a judge to rule that it can move forward with the sale of its only city park for new development — a move that several residents have hoped to stop at the ballot box with a public vote on the matter.

The city last week filed a suit in Johnson County District Court, asking a judge to decide whether a resident petition aimed at preventing the sale of the park is legally sufficient to be placed on the ballot. Residents filed the petition after the Westwood City Council in October, following months of debate, voted 5-1 approving plans for a mixed-use development on 8 acres, including the 1-acre Joe D. Dennis Park at Rainbow Boulevard and 50th Street.

Johnson County-based Karbank Real Estate Company is looking to build an office and retail development on the land, which also includes the former Westwood View Elementary School, as well as a piece of vacant city property, previously occupied by the Westwood Christian Church.

Karbank has agreed to pay off a $275,000 debt the city still owes on the church property, and has offered the city $2.65 million to purchase the school property from the Shawnee Mission district. It would demolish the building and grade much of the land for the city to build a new 3.8-acre park to replace Joe. D Dennis.

Some support the development, saying it’ll add to the city’s tax base and amenities, including a bigger park. But others have opposed the project for months, with many of them worried about losing their current park and arguing the office complex will worsen traffic and won’t fit in with the character of the northern Johnson County city of 1,800 people.

“The proposed development of Joe D. Dennis Park will forever change the footprint and character of Westwood, Kansas,” attorney Todd Hauser, who has represented some opposing residents, wrote in a letter to the city. “Although evolution of a community is important, such impactful change should not come at the community’s expense with lack of sufficient community voice.”

The debate surrounding the project has grown increasingly tense in recent months, with both the city and group of residents threatening lawsuits against each other.

Last month, residents filed a petition protesting the sale of the park, which if validated would allow for a public vote on the land transfer. Residents submitted 220 signatures on the petition, 169 of which were deemed valid and from registered Westwood voters by the Johnson County Election Office.

The group argues the city must follow state law that requires municipalities to publish two public notices of the sale of park land, a statute that also includes the process for the filing of a protest petition.

The city has argued the Kansas statute does not apply to the sale, saying the land was never legally dedicated as a public park. In a lengthy letter, the city’s legal counsel demanded the resident group withdraw its claims and cease “slandering the City’s title.”

“We hope that further action by the City will not be required in this matter, but your and your clients’ refusal to comply with the terms of this letter will leave the City with no other choice,” the city’s letter read.

Still, a month after the residents, through their lawyer, argued that the city had not complied with the law, city officials published two public notices of sale as the statute requires, saying it was necessary to obtain title insurance as it faced litigation threats.

“In other words, the petition — as well as the threat of litigation against the City from the attorney representing the petitioners — greatly damaged the City’s ability to obtain title insurance for the sale of the property and so, to mitigate that risk, the City decided to publish the public notices of sale even though officials do not believe it applies to the land at 50th and Rainbow,” city officials said in a news release.

Malisa Monyakula, one of the residents supporting the petition, argued that the city violated the state law and should have posted the public notices “prior to signing any agreement with the developer.”

As part of the city’s lawsuit filed earlier this month, Westwood officials ask that a judge declare the state law is not applicable to the property and allow the sale to move forward.

The city also seeks judgment on the validity of the resident petition, arguing it does not meet the legal requirements to be placed on the ballot. Officials say the petition does not clearly state the question that would be posed to voters on the ballot, which is needed under state law. They also argue there are other issues with the petition’s language rendering it invalid.

The residents also, city officials said, did not submit the petition to Johnson County’s legal counsel for review, another requirement. City officials say they went ahead and did so instead. In a Jan. 17 letter, Johnson County Chief Counsel Peg Trent issued the opinion that the petition’s language does not comply with state law.

City staff agreed the petition was invalid. And in a special meeting last week, the City Council voted unanimously that the resident petition did not meet the legal requirements to be placed on the ballot.

In an email, City Administrator Leslie Herring said, “The Westwood Governing Body is legally bound to ensure any petition put to a vote meets all legal requirements.

“While the City has already received two opinions that the petition does not meet requirements, we’re also requesting the District Court issue a declaratory judgment. This is a legal finding from a judge on the legality of the petition and on the State law the petition circulators claim applies to this property sale. We look forward to receiving the court’s findings.”

A ruling is expected next month, since the court has 20 days to render a decision, according to city officials.

A spokesperson with Karbank deferred questions to the city.

This is the second time in recent months that a resident-led petition, seeking a public vote on city issues, has made its way to Johnson County District Court. This fall, the city of Prairie Village asked a judge to rule on the validity of resident petitions seeking to restructure the city government and limit rezoning.

Westwood Mayor David Waters serves as Prairie Village’s city attorney and helped guide city leaders through that process.